TERMS AND CONDITIONS FOR PROVISION AGREEMENT
The services performed by PCA (herein defined as the “service provider” shall be performed in accordance with the following (“Terms and conditions” ).. By choosing the services provided by the Service Provider, the client (“the client”) acknowledges that he has understood the Terms and conditions and expressly agrees to these Terms and conditions. These Terms and conditions may be subject to modification or update at any time (herein denoted as “revision”). The Revision shall be enforced upon publication on the Service Provider’s site, pcagrade.fr.
Having acknowledged the Terms and conditions, and in the event where you may have queries, please do not hesitate to reach the Service provider’s customer service at the address hereafter firstname.lastname@example.org.
Article 1 Object
The present site is edited by the Service Provider, the Company, PCA Professional Cards authenticator (simplified joint-stock company with a share capital of 1000 euros - RCS company register PARIS B 810 151 290).
The Service Provider ensures authentication of collectible cards (Pokémon®, Magic the Gathering® & Dragon Ball Super®) at the client’s request. The issue of authenticating cards here denotes that the Service Provider shall perform 2 services under the Agreement:
- The Service Provider shall attribute a grade to the said cards in view of their quality/condition, and in accordance with standards of the strict and precise scale of criteria(refer to the Grading scale article
- The Service Provider undertakes to seal the cards in appropriate protection designed to this effect.
Article 2: CLIENT ACCEPTANCE
The client expressly agrees to the terms and conditions herein by providing his electronic signature, which will in turn be confirmed by clicking to accept the full Terms and Conditions of the offer. This electronic signature is as legally binding as a handwritten signature between the two parties. This two-fold approach shall be equivalent for the client as a means of entering into the Agreement, the client expressly acknowledges that he has been sufficiently informed and that he has fully understood and approved all of the Terms and conditions.
Article 3: GENERAL OBLIGATIONS OF THE CLIENT
The service proposed by the Service Provider shall be intended for both adult and young internet users. Any under-aged individual who has not been emancipated or any incapacitated adult shall benefit form guidance from a person considered able according to law. The undersigned client hereby represents and warrants that:
- All information provided for registration shall be exact;
- All compulsory fields shall contain true, exact and complete information that is up to date;
- None of the collectible cards supplied to the Service Provider for authentication shall be forgeries;
- none of the collector cards he wants to certify has been explicitly and insidiously altered in order to conceal certain defects and thus mislead the Service Provider in his qualitative assessment of the condition of the card (e.g. use of ink) or prevent him from tracing the origin of the card and the extension which it came from (e.g. cutter);
- that he is the owner of the collector cards that he entrusts to the Service Provider.
- that none of the collector cards he wants to be graded show signs of deterioration or degradation in an advanced stage (e.g. mould, complete or partial tearing, significant deposit of material, addition of adhesive film);
- Proper measures to protect the cards shall be taken before posting them in accordance with the Transport article;
- He agrees to the scale used by PCA for grading (see page Grading Scale);
- He will not be able to contest the grade obtained if it does not suit him.
Article 5: PRICES-STOCKS
Offers are subject both to availability and to any condition that may affect operating the tools needed for grading the cards and sealing protection.
The prices for service performance by the Service Provider are stipulated on the Service Provider’s website. The prices stipulated on the website are indicated in Euros and are inclusive of tax. The Service Provider reserves the right to modify the prices at any given time: Any alteration of the price shall concern only future orders. Any current orders already being processed shall in no way be affected by the modifications aforementioned.
Participating fees for preparation/logistics/transport for the PCA protection sold are indicated on the client’s order summary page, before definitively validating the considered purchase.
Article 6: DISCOUNTS
Any preferential prices granted by the Service Provider may be reviewed at any given time.
Article 7: ORDERING
The client shall follow the procedure stated hereafter when placing an order:
- Select the number of cards to be authenticated on our internet site;
- Validate the content placed in the basket and means of delivery;
- Identify yourself on the internet site or sign up on the identification page on which the required address will be indicated;
- You may use PayPal, credit card or MasterCard to pay on line;
- validate the payment.
The Client will receive an email to confirm his order.
The Service Provider reserves the right to cancel or refuse any orders from Clients with whom there is an existing claim regarding the payment of previous a previous order or whose file has a litigious anteriority.
When placing an order, buyers expressly agree to the price and description of the service and/or products available for sale.
Article 8: Terms of payment
8.1 Method of payment
Payment due for the service to be provided shall be made once the order has been validated. Payment shall be made exclusively by PayPal, credit card, Visa or MasterCard by providing the information required on the relevant page on the Service Provider’s site. The order should only be posted once the bank details have been checked and authorisation to debit your account confirmed. In the absence of this authorisation, the service required shall not be performed.
8.2 Secure payment
Payment will be made via Stripe, a secured platform used by the Service Provider’s. The data recorded by the Stripe payment system constitutes proof of financial transactions carried out by bank card. No bank details will be saved by the Service Provider.
Payment can alsp be made via PayPal, a secured platform used by the Service Provider’s. The data recorded by the PayPal payment system constitutes proof of financial transactions carried out by bank card. No bank details will be saved by the Service Provider.
8.3: Order confirmation
Further to payment, the Client will receive a email summarising the order, this email formalizes the Agreement between both parties.
Article 9: cancellation
In the event where the order is cancelled further to posting the cards, the return postage costs will be at the expense of the Client.
Once the cards have been graded, the order cannot be cancelled.
Article 10: TRANSPORT
The cards will be subject to 2 deliveries:
- From the Client to the Service Provider;
- From the Service Provider, back to the Client
Postal expenses will be at the charge of the Client.
10.1: Postage organised by the Client
The Client undertakes to pay postage expenses when sending the cards to the Service Provider and accepts full responsibility for any loss.
In the event where the Client’s parcel is not received within 30 days of payment, the transaction may be cancelled by the Service Provider. In this case, the Client shall be reimbursed for the total amount engaged.
In the event where the cards should be received after 30 days and the sale cancelled, the Service Provider will return the cards within 7 working days of reception of the postage fees due by the Client for returning the parcel.
So as to avoid any litigation, you are strongly advised to send the parcel with a tracking number and via secured postage.
The Client shall adequately protect his/her cards before sending them to ensure they arrive in the same condition as when leaving the Client’s hands. You are advised to place the cards in a soft case and “toploader”.
Any protection provided by the Client will be returned to him with the cards duly authenticated as far as possible, without any obligation on the part of the Provider.
10.2: Return postage by the Service Provider
Once the cards have been sealed, they will be returned to the Client and the tracking number for postage conveyed to the Client. The Client’s address shall be indicated on the order form. The aforementioned address may differ to the address of the payer.
In the event where the Client is absent at the time of delivery, it then becomes his/her responsibility to collect the order at the address indicated either by the Postmaster or the transporter and according to precise conditions explained on the delivery note left at the delivery address. Failing to collect the delivery within the time limit stipulated on this delivery note will result in the parcel being returned to the Service Provider. If the Client wishes the Service Provider to carry out a second attempt to deliver the cards, the Client shall pay the fees resulting from the first delivery as well as prepaying the fees for the second delivery attempt.
Any delivery that is refused or delivered to a wrong address will result in a further delivery, subject to payment for the new postage fees incurred. Delivery dates may vary according to the offer chosen. This period shall commence upon reception of the cards to authenticate by the Service Provider.
In the case where the cards sent by the Client are not compliant with the purchase order, the delivery date will be suspended until a new Agreement may be formalised.
Delivery dates will be subject to the services provided by outsources and cannot be controlled by the Service Provider. The Client expressly accepts that the delivery dates are given for indicative purposes only and may be subject to change, even for orders that have already been placed.
Delivery costs are shown on the Service Provider’s website. The cost aforementioned will vary according to the number of cards to authenticate.
Delivery can be made to anybody within the European Union, at the address indicated and under the responsibility of the Client. Where appropriate, any orders to be delivered to other countries may be undertaken further to validation on a case-by-case basis by the Service Provider. Delivery cannot be ensured in the case of force majeure or exceptional circumstances; and/or transport strikes.
In the event where the parcel to be delivered is lost, the Service Provider shall reimburse the amount engaged and compensate for the loss according to the amount covered by the insurance policy subscribed to.
Article 11: NON-CONFORMITY
If the cards sent by the Client for authenticated are different to those mentioned in the sales order, the Service Provider has the right to put an end to performing the service. The Client shall be reimbursed for all costs except those for postage fees for the return of the cards.
The Service Provider may also alter the Client's order to make it compliant with the cards received. An additional price or reduced price may then be requested. The order processing time may then be extended.
Cards, the dimensions of which do not allow them to be placed in the Service Provider's case, will not therefore be graded and be returned to the Client.
Article 12: SCALE FOR GRADING
The client using the services provided by the Service Provider expressly agrees to the ranking system (the scale for grading) that has been set up by the aforementioned. In the case of conflict regarding the grade awarded, the Service Provider cannot be held liable for any lack of conformity (For further information about the Grading Scale).
The Service Provider may refuse to grade and authenticate a card which is in very bad condition.
Article 13: HANDLING AND PHOTOGRAPHY
The Client’s cards shall be handled with extreme care by the Service Provider. However, in the unlikely event where a card were to be damaged or lost within the premises of the Service Provider, this last undertakes to reimburse and compensate the Client up to the value declared when ordering.
During the smooth running of operations for grading and authenticating, the Service Provider may take one or several digital photographs or other type of photographs, images or reproductions of each card that is to be authenticated. In return for the services provided by the Service Provider, the Client hereby authorizes, on his own behalf and for that of any third party he may represent, that the Service Provider may take one or several photographs of each of the authenticated cards. Moreover, the Client acknowledges that the Service Provider is the legal owner of these photographs and that he may use and exploit these photographs for any commercial purposes or other purposes; such use is entirely at his own discretion, including but not limited to publication, re-editing or reproduction, and on any medium or form.
Article 14: DETERIORATION
The Service Provider cannot be held responsible for any deterioration to the PCA protection further to returning the cards to the Client.
The Service Provider cannot be held responsible for any deterioration to the sealed cards in the case where the PCA protection has been forced open or damaged.
Article 15: RESPONSIBILITY OF THE SERVICE PROVIDER - WARRANTY
In accordance with the legal and regulatory provisions, the Service Provider warrants against any lack of conformity and any latent defects originating from design or implementation of the services provided, which would make the product unfit for the use which is was intended; excluding any negligence or fault on the part of the Client and this for a period of 7 (seven) days as of returning the product to the Client,; unless otherwise required by law.
To protect his rights, the Client must, under penalty of any action related thereto, inform the Service Provider in writing of the existence of any latent defects within a maximum of 24 (twenty-four) hours of finding them.
The Service Provider shall, at their own expense, rectify the services judged as defective or have the services rectified.
In any case, the Service Provider’s warranty is limited to the amount paid before tax by the Client for the performance of the services.
Article 16: NON-AFFILIATION CLAUSE
The Service Provider is independent of ©2019 Pokémon; ©1995–2019 Nintendo/Creatures Inc./GAME FREAK Inc.; ©BIRD STUDIO/SHUEISHA; ©TOEI ANIMATION; ©BANDAI CO., LTD; ©Wizards of the Coast; ™Magic the Gathering.
©2019 Pokémon, ©1995–2019 Nintendo/Creatures Inc./GAME FREAK Inc. are trademarks registered by Nintendo; ©BIRD STUDIO/SHUEISHA; ©TOEI ANIMATION; ©BANDAI CO., LTD are trademarks registered by Bandai; Magic the Gathering is trademark registered by Wizards of the Coast
Article 17: LACK OF CONFORMITY
Upon reception of the order, the Client shall check the protection for compliance.
17.1 non-compliant delivery
The Service Provider endeavours to ensure that the Client is provided with protection that is in compliance with standards, in accordance with the statutory and regulatory provisions of Articles L 211-4 and 211-5 of the consumer code. However, the Service Provider cannot prevent an eventual delivery that is not compliant with standards.
In the case of major noncompliance with standards, the Client shall notify the Service Provider and return the non-compliant protection (damaged article, damaged packaging...) to the Service Provider’s customer services within 24 hours of reception according to the provisions of Article 17.2 (conditions for return).
The Service Provider will do his utmost to deliver the product conforming to the requirements under the estimated time limit indicated when passing the order validation.
Beyond this 24-hour period, claims for deliveries that are not compliant cannot be accepted and the Service Provider will not be held to make a substitute delivery.
En cas de retours anormaux ou abusifs, le Prestataire se refuse de servir une commande ultérieure. .In the event of wrongful returns, the Service Provider may refuse to send a subsequent order.
The Client declares and accepts that grading cannot be the source of a lack of conformity.
17.2: Conditions of return
In the case of a article which is not compliant, returning the protection shall be done as follows:
- In the initial packaging and in perfect condition;
- Join proof of order;
- Join proof of order without the article having been either used or opened;
- to the following postal address: PCA - Orders Department - 2, rue Raffet - 75116 Paris - FRANCE
- With an order form (provided by Customer Service), that you can print and fill in.
For any further information, the client can contact PCA by mail (email@example.com).
Article 18: APPLICABLE LAW -litigation
The present Terms and Conditions are subject to French law.
The initial language used for writing the present Terms and Conditions is French.
In the event of a legal dispute, only French courts are competent to deal with the case.
Article 19: Customer service
For any further questions or requests regarding the use of the website or the provisions of the Terms and Conditions, or the protection which is shown on the site, the Client can contact the Service Provider by:
- phone 01 40 72 06 07;
- the website's contact form;
- email at the following email address: firstname.lastname@example.org;
- email at the following email address: PCA - Orders Department - 2, rue Raffet - 75116 Paris - FRANCE.
Article 20: CONFIDENTIALITY POLICY
The Service Provider undertakes not to divulge any client information to any third parties, apart from to Commercial partners, if such a desire has been expressed by the Client when supplying the Service Provider with his contact details. All information communicated will also be used for in-house purposes by the Service Provider, for dealing with orders and for improving and personalising communication and the product offer to members and clients of the PCA, namely, by way of newsletters with the aim to personalise a site. As a consequence, in accordance with the provisions of law for ‘informatique et libertés of 6th January 1978, the Client has the right to access the site, modify and oppose any personal data.
To do so, the Client may make an on-line request or send a letter with his/her name, first name, address and if possible, client reference number to:
- PCA - Orders Department - 2, rue Raffet - 75116 Paris - FRANCE
- Or to: email@example.com.
The Service Provider’s website is also designed for meeting the particular needs of our Clients. This is why “cookies” are used. A cookie is used to show any visit to the site.. Cookies are only used by PCA to improve personalised customer service.
Article 21: Terms and Conditions for using the Website
Consulting the Service Provider’s website means accepting the following conditions.
These provisions are only applicable to the Service Provider’s site (the “site”), We are not responsible for any links to other websites and neither can we be held responsible for the privacy practices or the content of these other websites. Rules for confidentiality of a document do not apply to these third-party sites.
By accessing the website as “the User”, you acknowledge and agree that the site content may be subject to legal protection, by author rights, data rights, brand names, patents, or any other legal protection (namely, civil liability).
The site user shall not copy, reproduce, distribute, publish, modify, adapt, transfer or transmit any of the content and in whatever form without the authorisation of the owner of the rights. Failure to do so will result in civil, administrative and legal sanctions.
The Service Provider refuses any responsibility in relation to technical consequences of connecting to the site, particularly in the case of difficult connexion due to technical defects or material defects, or any other problem linked to a busy network.
The Service Provider cannot be held responsible for any material or non-material damage caused to the site user or to any third party (in particular, to computing equipment and to data that is stored there) when using the site as well as any consequences resulting from personal, professional or commercial activities of the site user.